Justice Committee on May 15th, 2007

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

We could pass the rest of the bill.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Chair, to help speed things up, the government is going to be supporting the Liberal amendment to clause 21, as well as the—

[The Chair, Conservative, Art Hanger]

That's amendment L-5.

[Rob Moore, Conservative, Fundy Royal, NB]

Yes, as well as amendment NDP-1.

If people want to talk about it, they can, but—

[The Chair, Conservative, Art Hanger]

Okay, let's carry on then.

(On clause 21)

We are on amendment L-5.

Mr. Bagnell, it has been clearly pointed out that—

[Larry Bagnell, Liberal, Yukon, YT]

Okay, we'll go to the vote.

[The Chair, Conservative, Art Hanger]

The vote is on amendment L-5.

[Réal Ménard, Bloc, Hochelaga, QC]

We want to better understand the gist of the amendment, Mr. Chairman. It has not yet been voted on, has it?

[The Chair, Conservative, Art Hanger]

I didn't get through the vote.

There's a point of order from Monsieur Ménard. Monsieur Ménard, do you want to debate?

[Réal Ménard, Bloc, Hochelaga, QC]

We are discussing Liberal amendment 5, are we not?

[The Chair, Conservative, Art Hanger]

Liberal amendment 5.

[Réal Ménard, Bloc, Hochelaga, QC]

I want to understand the goal of the amendment. We do not view it favourably for the moment, but it is possible that an explanation would change our minds.

[Larry Bagnell, Liberal, Yukon, YT]

Basically a judge gives an order on how a bilingual judge or prosecutor can use their languages in a trial. All this amendment does is say that when they're giving that order, when they're explaining how the languages have to be used, they're respecting the right of the accused to be tried in their own official language to the extent possible.

[The Chair, Conservative, Art Hanger]

Debate?

The question is on Liberal amendment 5.

(Amendment agreed to [See Minutes of Proceedings])

[The Chair, Conservative, Art Hanger]

On the same clause, NDP amendment 1.

Mr. Comartin.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Again, this amendment was recommended by francophone jurists. It simply recognizes that although we're giving discretion to the courts in all the other provinces, because New Brunswick is officially bilingual, it's not necessary there--and that needs to be recognized--judged there would not be allowed to exercise the discretion that's allowed for under proposed section 530.2.

We're simply recognizing the uniqueness of New Brunswick and excluding it from the operation of this section.

[The Chair, Conservative, Art Hanger]

Thank you, Mr. Comartin.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 21 as amended agreed to)

(Clause 22 agreed to)

(On clause 23)

[The Chair, Conservative, Art Hanger]

We're on government amendment 1.

Mr. Moore.

[Anouk Desaulniers]

If I may, I would like to provide some explanation on this issue. The aim of clause 23 is to allow the accused the option of re-electing without the consent of the prosecutor, when the latter has filed a preferred indictment. The aim of the government amendment is therefore to correct errors in drafting.

In subclause (2), there is a reference to subsections 561(5) to (7), which provide a mechanism for re-electing, that is the requirement to give notice and the way in which the court reacts upon having received it. We must plead guilty. In the following subsection, that is subsection 565(3), this mechanism is already provided for. It was therefore not necessary to refer to it in subsections 561(5) to (7). The intention of the first part of the government amendment is to eliminate the reference to these subsections.

The amendment has a second part, which is aimed at a section that is not necessarily amended by the bill. What we are suggesting, however, is necessary if we want the section to have an effect. In subsection 561(3), there is again an erroneous reference to the consent of the prosecutor whereas the objective of this provision is precisely to abolish the need for this consent.

[The Chair, Conservative, Art Hanger]

Thank you, Ms. Desaulniers.

Mr. Lemay, do you had a comment?

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

No, that is all right.

[The Chair, Conservative, Art Hanger]

The question is on government amendment 1.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 23 as amended agreed to)

[The Chair, Conservative, Art Hanger]

We're running out of time here. Is there a motion of adjournment?

[Some hon. members]

Yes. Agreed.

[The Chair, Conservative, Art Hanger]

This meeting is adjourned.